07-083-O                                                          REPLACEMENT

ORDINANCE NO. __________



The city of Duluth does ordain:

     Section 1. That Section 44-14 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 44-14.Illumination and glare--electronic signs--changeable signs--location.

     (a)  All sign illumination, whether direct or indirect, shall be so shaded or concealed that it does not create unreasonable and annoying illumination on residential structures constructed prior to the installation of such lighting apparatus. No sign illumination shall shine in any manner that interferes with the vision of motor vehicle operators;

     (b)  No off premise sign shall be erected which involves rapid rotation of the structure or any part thereof, with the following exceptions: changeable message signs (CMS) and electronic signs (ES) as defined in Section 44-2 are permitted, subject to regulation by the City Code;

     (c)  Off premise changeable message signs and electronic signs, and on premises changeable message signs (CMS) and electronic signs erected, repaired, altered or replaced after the effective date of this ordinance shall conform to the following additional conditions:

           (1)  The off premises sign must be separated from other changeable message signs and electronic signs by at least 100 feet;

           (2)  Orientation. In all districts, the off premises sign must be oriented so that no portion of the sign face is visible from a park that is over one acre in area and contains improvements for recreational use, which park is within 150 feet of the sign, or no portion of the sign face is visible from a school which is within 150 feet of the sign;

           (3)  The maximum brightness of a any changeable message sign and or electronic sign shall not exceed 5,000 nits (candelas per square meter) during daylight hours, or of 500 nits (candelas per square meter) between dusk to dawn. The sign must have an automatic dimmer control which produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise;

           (4)  Duration. Any image or message or portion thereof displayed on the any sign shall have a minimum duration of eight seconds and shall be static display. Transition time must be no longer than two seconds;

           (5)  Default mechanism. Any CMS and or ES shall contain a default design that will freeze the design in one position if a malfunction occurs;

           (6)  Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited on any CMS or ES.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.

STATEMENT OF PURPOSE:  This ordinance must be referred to the planning commission under D.C.C. Section 44-35. It imposes the same brightness standards on both on premises and off premises signs.